Paralegals and Legal Assistants

Friday, November 30, 2007

A Look at Paralegal Jobs

By Kent Pinkerton

Paralegals support lawyers by organizing the massive amounts of paperwork law offices generate, running the office smoothly, helping to draft documents and interviewing witnesses. Paralegals may work for lawyers, corporations, or government agencies. In general, a college degree is sufficient education to become a paralegal, although courses do exist to train and certify paralegals. The National Federation of Paralegal Associations estimates that 84 percent of paralegals have some form of form paralegal education.

Several specific types of paralegal jobs are available. Litigation paralegals help prepare documents for trials. Corporate paralegals prepare paperwork for business dealings. Probate paralegals interview clients and prepare tax and financial documents. Real estate paralegals prepare closings and research land laws. Government paralegals work for the White House, the Justice Department, or the Federal Trade Commission and may organize evidence, answer questions for the public, or conduct hearings. Employment paralegals do work similar to a litigation paralegal, but work specifically with unions or discrimination cases.

The average starting salary of a paralegal is about $21,500 while working normal hours. Most law firms, however, require that paralegals work more hours than the typical nine to five, Monday through Friday work week. The extra overtime could bump a beginning paralegal’s salary up to almost $60,000 a year. An experienced paralegal can expect to make around $40,000 a year, about the national average, with life and health insurance benefits.

The National Federation of Paralegal Associations estimates that 84 percent of paralegals have had some formal paralegal education. A paralegal’s specialization determines what fields he could work in, for example medical law or labor movement organizations. According to a 2001 survey, about 25 percent of paralegals have an associate’s degree, about 50 percent of all paralegals have a bachelor’s degree, and eight percent have either a master’s degree or a J.D. degree. Certificate or degree programs are available for paralegals who wish to have more training. At a minimum, the National Federation of Paralegal Associations recommends that aspiring paralegals have a two-year degree with an emphasis on paralegal studies. A bachelor’s degree, however, is recommended.

A paralegal’s resume should list education, experience, awards and highlight writing abilities, professional and personal skills. Sample paralegals resumes are readily available on the Internet. Be sure to attach a cover letter, as you would when applying for any other job, stating your interest and describing the skills that make you a perfect candidate for the job. Sample cover letters are also posted on the Internet.

A simple way to find a law firm is to go to the local library and skim through Martindale Hubbell, an index of every lawyer in the country organized by city and law firm. Online sites also allow registered users to browse hiring law firms.

Paralegals Info provides detailed information about paralegal jobs, schools, training, courses, certificates, and services. Paralegals Info is the sister site of Notary Public Web.

A Look at Paralegal Jobs

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Monday, November 26, 2007

Mediation Training: An Opportunity for Paralegals

By Jennifer Grassini

American legal system is overburdened with lawsuits. Paralegals spent countless hours doing legal research, drafting documents, and interviewing clients in preparation for a trial. However, there is an emerging movement that is challenging how we as a society handle disputes, and it is formally termed Alternative Dispute Resolution (ADR). One of the most common forms of ADR is mediation, where a neutral third party, termed a mediator, works with both sides of a dispute to have them agree on their own terms, without someone else deciding what is best for them. As more and more people choose this route over litigation, there is an increasing need for skilled mediators, and paralegals have a tremendous opportunity to fill this void by utilizing their analytical abilities and undergoing formal training in mediation.

Why enter the field of mediation? First of all, mediation works. Given the opportunity and the means to form their own solutions to their problems, many disputants find that it empowers them and allows what could be a very complicated litigious process to be a lot simpler, more successful, and less cumbersome. Mediation techniques can be employed to solve several different types of disputes, including family matters such as divorce or child custody, owner/tenant or builder/homeowner problems, community disagreements, or disputes in the workplace.

Mediation can also save time and money. For instance, in a divorce/child custody case being settled by litigation, both sides might spend thousands of dollars in attorney fees. It might result in several court appearances and numerous phone calls back and forth between their respective law firms. In the end, a judge would decide the outcome and essentially seal their fate, whether the terms were acceptable to them or not.

A similar case handled through mediation, however, can often be worked out through several sessions with a mediator, at a cost much more reasonable than if the case were litigated. At the conclusion, the two sides draft what is termed a “Memorandum of Understanding,” which spells out the agreements between them and, unless positively outlandish, would be accepted by a judge at a final dissolution hearing, and allow their own wishes to be the ones that they follow.

How can a paralegal become a mediator? Unlike therapists or attorneys, whose educational and licensing requirements are highly regulated by states, no such standards currently exist regarding the certification of mediators. This is likely to change in the future, as the role of mediators become more recognized as a profession, so when choosing a training program, be sure to follow these guidelines:

• Find an accredited program. There are several types of accrediting bodies, but the best programs will offer college credit from a regionally accredited school. Schools with “regional” accreditation undergo stringent review processes to ensure quality, and their credits are more readily accepted by other colleges and employers, as opposed to credits from schools with “national” or “professional” accreditation. Do your homework!

• Find a program that offers a practicum. Practicums can offer you real life experience as a mediator, and the more cases you are able to have a hand in mediating, the better your skills will become.

• Find a program that offers more than one generic course in mediation. Since mediation is used for many different disputes, there is specialized knowledge that should be obtained for each. Look for a program that will teach you more than the basics.

• Find a program with experienced mediators as instructors. Investigate how long the faculty members have been involved with mediation, and what types of disputes they have helped to resolve.

As paralegals, our job description is always evolving, so it pays to continuously enhance our skill set. After undergoing mediation training, you, too, will be ready to embark on the amazing journey of helping other people help themselves, making them active participants in their own destiny.

Jennifer D. Grassini is the Executive Assistant for IADR - The Institute for Advanced Dispute Resolution (http://www.advanced-resolution.com), a school which provides in-depth specialized training in mediation. She earned her paralegal certificate through the Washington Online Learning Institute. She is passionate about the mediation process, and speaks to various groups regarding the benefits of alternative dispute resolution.

Mediation Training: An Opportunity for Paralegals

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Friday, November 23, 2007

The Paralegal Profession - How It Began And Where It's Going

by Shelby Ryan

The paralegal profession began back in the 60's and 70's. Attorneys began hiring assistants to help them with general duties, case investigation and paper work. This trend was noticed by the American Bar Association and it resulted in the formation of the Standing Committee on Legal Assistance which was established to setup standards in the paralegal / attorney relationship. It included duties associated with a paralegal and employment guidelines. Today, the committee consists of both professional paralegals and lawyers.

The American Bar Association offers a certification training program to schools that offer paralegal certification and training. This helps to establish educational and training standards throughout the industry which helps to ensure training uniformity.

In addition to the American Bar Association, there are a number of national organizations for paralegals that have also contributed to the refining of the paralegal / legal assistant profession.

Two of these professional organizations are the National Federation of Paralegal Associations (NFPA) and the National Association of Legal Assistants (NALA). Together they represent about 30,000 paralegals in the United States. While these organizations are competitors, they have come together to help shape and serve the paralegal field. NALA prefers to call individuals in the profession legal assistants while NFPA prefers to call them paralegals.

Another organization, which consists of paralegal educational programs and teachers, is called The American Association for Paralegal Education or AAfPE. Consistent paralegal educational standards are one of their key points of interest.

Another professional organization for paralegals, which primarily serves individuals, was created in 2003 and is called The American Alliance of Paralegals. It quickly began setting standards in the paralegal field and paralegals are required to meet particular work experience and / or educational guidelines in order to be a voting member. It was also the first national organization for paralegals to become involved in setting minimum educational guidelines and standards.

You may want to check with other paralegals in your area to see what they have to say about the professional memberships available in any of these organizations in your area. You may also want to inquire about other benefits of becoming a member and what type of professional development training each organization offers.

If you are considering a paralegal career or you have just begun your paralegal training, you may want to consider adding a membership card to one or more of the professional paralegal organizations in your area.

It's both common sense and good business sense to contact every paralegal organization you can find. Professional paralegal organizations that offer networking or job opportunity boards are clearly a great benefit to anyone but they can be essential to those who are just beginning their careers. These organizations can also expose you to many opportunities you may otherwise not have been exposed too like: scholarship offers or financial programs that could help you complete your training.

If you've been sitting back and waiting to take that next step in your life and your career and the allure of a paralegal career is calling you... then you must check out the links below.

About the Author
Visit paralegal schools or paralegal study or paralegal studies for more information on a Paralegal Career.

The Paralegal Profession - How It Began And Where It's Going

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Tuesday, November 20, 2007

Paralegal Certification - An Insider's Perspective

by Scott Knutson

Believe it or not, a paralegal (or legal assistant) is not a licensed profession in the United States. While some paralegals originally received on the job training when the profession came into existence in the 1960s and 1970s, more people entering the field today do so with certification. Certification is voluntary, not a requirement to be a paralegal. However, a paralegal with certification and special training is generally better prepared for promotion and will stand out in a field of candidates who might likely meet most qualifications but who are not certified.

To get certified as a paralegal or legal assistant (the terms are used interchangeably), one must pass a test from one of several paralegal organizations. Certification for paralegals is a little like that of attorneys. Just because an attorney passes law school doesn't make him or her a lawyer. They must first pass the bar exam. The same situation is true for paralegals. Completion of a certification program does not make one a certified paralegal. It's passing the exit exam that issues that certification.

In addition to entering the field as a certified paralegal, most of today's legal assistant professionals choose to continue their education as an on going process. Some want to specifically develop certain areas of their work -- like receiving additional training in commercial law, criminal law, estate planning, etc.

When you are searching for a certificate program to either begin or continue education in the paralegal field, you will have to weed out those programs that are not right for you. There are quite a few programs out there. Some say they are approved by or compliant with the American Bar Association. The best way to check is to contact the bar association in your state. Tell the bar association representative that you are seeking information about either entering the field or continuing professional development certification and ask for program referrals. While most states do not require certification for people to be a paralegal, the state's bar association will be able to hook you up with some of the organizations and programs they do recognize as reputable.

If you are looking into various online certification courses or correspondence courses, check with your state's attorney general's office and better business bureau to see if any complaints have been filed about the institution offering the courses. The state's bar association would be another good source of information as well.

While selecting your choice of study for paralegal certification may take some legwork initially, it will pay off for you in the future. Besides, the research you do as you search for certification information will better prepare you for the types of research you may end up performing as a legal assistant. Additionally, it may save you a lot of expense and heart ache in the future. Nothing would be worse than "completing" a paralegal training program only to find out that its certification is not recognized widely and after the expense and time, you basically have nothing to show.

This article may be reproduced only in its entirety.

About the Author
Scott Knutson is an entrepreneur and writer. For more of his articles visit: Paralegal | Online Paralegal Degree | Paralegal Schools

Paralegal Certification - An Insider's Perspective

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Thursday, November 15, 2007

Paralegals: Working in the Law Field Without a Law Degree

by Pat Schraier

Paralegals help lawyers prepare for trials, do client interviews, assist in hearings and closings, perform legal research, prepare legal arguments, draft pleadings and motions, obtain affidavits and assist during trials.

California Definition:

Paralegal is a person who either contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity and who performs substantial legal work under the direction and supervision of an active members of the State Bar of California, as defined in Section 6060, or an attorney practicing law in the federal courts of this state, that has been specifically delegated by the attorney to him or her. Tasks performed by a paralegal include, but are not limited to, case planning, development and management; legal research; interviewing clients; fact gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical information to make an independent decision and recommendation to the supervising attorney; and representing clients before a state or federal administrative agency if that representation is permitted by statute, court rule, or administrative rule or regulation.

Find descriptions from other states at http://www.paralegals.org

Education Requirements:
2 year associates degree in paralegal studies or
4 year bachelor's degree plus paralegal certification


Skills Needed:
Good research abilities, investigative and organizational skills, understanding of legal terminology, knowledge of legal software applications

Certification:
National Federation of Paralegal Associations: www.paralegals.org

Job Opportunities:
70% of paralegals work for private law firms, a small percentage free lance and the rest work for the government

Income:
Starting salaries are $25,000 to $79,000 per year based on education, training, and experience. The average in 2004 was $39,000.
Other salary factors include location and size of the office. The US federal government starts at $59,370 per year.

Resources:
US Department of Labor: www.bls.gov/oco/ocos114.htm
Paralegal Education: www.aafpe.org
Paralegal Organization: www.paralegals.org
ABA Directory of Accredited Schools: www.abanet.org/legalservices/paralegals/directory/

Find out how you can enter this exciting field at Paralegal Information!

About the Author
Pat Schraier is a web site designer and owner of Way Out West Products, Inc. Paralegal Resources at Internet University Degrees

Paralegals: Working in the Law Field Without a Law Degree

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Friday, November 9, 2007

The Paralegal Certificate Program

by Sara Jenkins

A paralegal or legal assistant "is a person qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity who performs specifically delegated substantive legal work for which a lawyer is responsible."

A paralegal has a limited task that can perform. He cannot represent a client on a trial or accept a case. He cannot also give legal advice. In short, a paralegal cannot perform functions that are considered as a law practice. The paralegal performs some duties of the attorney such as but not limited to conducting and interview to the client, locating witnesses, conducting investigation, legal research, and interviews, drafting legal document, correspondents and pleadings with the supervision of an attorney.

To become a certified paralegal or Certified Legal Assistant CLA, he or she must achieve requirements such as graduating from a paralegal certificate program that is approved by the ABA; "or an associate degree program; or a paralegal post-baccalaureate certificate program; or a paralegal certificate program with 60 semester hours of which at least 15 semester hours are substantive legal courses." He can also be a paralegal if he or she has any bachelor's degree plus a one year experience as a legal assistant with a completion of at least 15 semester hours or substantive legal assistant courses. Or he or she could have a high school diploma or equivalent to seven years experience as a legal assistant under the supervision of a member of the Bar.

If an individual want to become a paralegal through paralegal certificate program, many educational institutions are offering paralegal certificate program as a professional course. It is aimed to prepare future paralegal certificate program holders in paralegal career. The paralegal certificate program of some institutions are focused of practical skills and research while other are focused on classroom lectures while other paralegal certificate program can be acquired online.

Institutions give paralegal certificate program which covers the following topics: Legal Research, Legal Writing and Reasoning, Technology and the Paralegal, Real Estate, Corporate Law, Litigation, and Probate. Some offers the paralegal certificate program upon completion of the Introduction to Law for Paralegals, Legal Research and Writing, Civil Procedure, Torts, Contract Law, and Criminal Law and Procedure. Although it varies from institution to institution paralegal certificate program should be based on the paralegal certificate program approved by the American Bar Association ABA. A grade not lower than "C" should also be maintained to attain the paralegal degree.

Admission depends on the institution offering paralegal certificate program. Some recommend a bachelor's degree or at least completing 60 semester credit hours, or equivalent, of general education courses for one of any accredited colleges or universities in the country, while some institutions offering the paralegal certificate program accepts applicant which has achieved at least 3.0 GPA.

Either way, entering on a paralegal certificate program is a good start in achieving a wide career in the field that needs a lot of dedication, patience, and discipline.

About the Author
Online entrepreneur Sara Jenkins, is dedicated to helping others and their needs to succeed in life by offering free tips everyday. To learn more about her free tips program, and to sign up for her FREE how-to articles and FREE bonus how-to books and resources, visit www.TipsEveryDay.com

The Paralegal Certificate Program

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Monday, November 5, 2007

Paralegals - Do They Have A Code Of Ethics?

by Laura McDonald

In a business sense, ethics are a system of moral principles or rules of conduct. Attorneys, paralegals, and legal assistants or secretaries have codes of ethics within the legal field. A paralegal should maintain a high degree of professionalism while performing her work. That high degree of professionalism is ensured when she manages her work duties while following a particular code of ethics.

Which ethics affect a paralegal career is best explained by reviewing the Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement, which was adopted in May 1993 by the National Federal of Paralegal Associations, Inc.

Section 1 of the Model Code sets forth disciplinary rules and ethical considerations for paralegals.

Section 1.1 A Paralegal Shall Achieve and Maintain a High Level of Competence.

A paralegal's competence continues to grow by education, training and on-the-job experience. The Model Code states that a paralegal should participate in a minimum of twelve hours of CLE (continuing legal education) every two years. This is an excellent way for legal assistants to stay updated on changes to laws. Her continued training should include at least one hour of ethics education. A paralegal should remain current on changes so she can help clients to the best of her ability.

Section 1.2 A Paralegal Shall Maintain a High Level of Personal and Professional Integrity.

This section deals with a paralegal's conduct regarding work matters. Paralegals should not discuss cases with court personnel in an attempt to exert influence over a ruling. They may not talk about cases to people who are represented by an attorney without that attorney's consent.

This section also deals with a paralegal's billing practices. It says basically that a legal assistant will be honest and accurate in time and expense reporting. By the way, not only is fraudulent billing unethical, it's a crime. Some of these points are no-brainers but need to be set out nonetheless.

Any cash or money accounts handled by a paralegal through his work should be reported honestly.

Section 1.3 A Paralegal Shall Maintain a High Standard of Professional Conduct.

A paralegal's conduct will be appropriate, as if he is in front of a court. He shall not engage in violence or be dishonest. He will not interfere in the administration of justice. A legal assistant won't abuse the powers of a professional position or public office.

Section 1.4 A Paralegal Shall Serve the Public Interest by Contributing to the Improvement of the Legal System and Delivery of Quality Legal Services, including Pro Bono Publico Services.

One way a paralegal can help his community is by volunteering to serve on committees which improve local legal services.

Section 1.5 A Paralegal Shall Preserve All Confidential Information Provided by the Client or Acquired From Other Sources Before, During and After the Course of the Professional Relationship.

I believe this section is the most important one for a paralegal to understand and heed. A paralegal must not discuss any confidential information about a client or case with anyone other than her boss or the client himself. What is confidential information? Why bother trying to dissect it, just don't talk about it.

It is a paralegal's responsibility to tell her boss anything she has learned about the case to assist in his representation.

Note that this section specifically states "before, during, and after the course of the professional relationship." A paralegal should not discuss a case with others even when it is concluded.

Section 1.6 A Paralegal shall Avoid Conflicts of Interest and Shall Disclose any Possible Conflict to the Employer or Client, as Well as to the Prospective Employers or Clients.

If a paralegal may have a conflict of interest in working on a case, she should inform her boss. An example of a possible conflict of interest is if the paralegal was previously employed by a law firm representing an opposing party in the same case. It is probably best that she not work on that case for her current employer at all. When it has been established that a conflict of interest is present, everyone needs to be aware of the situation and cooperate in adequately protecting the client's interests as well as the paralegal herself by not discussing the case around her and routing paperwork well away from her.

Section 1.7 A Paralegal’s Title Shall Be Fully Disclosed.

A paralegal should include her title on all correspondence, business cards, formal letterhead, pamphlets or any other form of written communication. For example, her signature would read:

Sincerely,

Laura McDonald
Paralegal

This eliminates any possible confusion over what her position is. Some people may assume she is an attorney, and expect or demand more from her than her position allows. This could create major problems, and brings us to our next ethical issue.

Section 1.8 A Paralegal Shall Not Engage in the Unauthorized Practice of Law.

The best rule of thumb to follow is: paralegals may not give legal advice. Check with your local jurisdiction on any possible variances, but basically it means leaving the legal advice giving to the attorneys.

About the Author:
Are you fascinated by trials? Do you like helping people? A career as a Paralegal is challenging, rewarding, and NEVER boring. Sign up for free newsletters that show you how to step into this exciting career. Adventures await you.... http://www.paralegalsecretary.com Laura McDonald is a paralegal. She is a member of NFPA (National Federation of Paralegal Associations). Laura is experienced in the areas of personal injury, civil litigation, family, environmental and corporate law, estate planning and bankruptcy. She works for Michael L. Hawkins & Associates, P.L.L.C., located in Frankfort, Kentucky. The firm's website is http://www.mlhlawky.com

Paralegals - Do They Have A Code Of Ethics?

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